[QD-Filosofia] Patentes de software

Alexandre Pesserl <[email protected]>
Newsgroups gmane.org.user-groups.quilombo
Message-ID <[email protected]>
Texto do Larry Rosen sobre patentes e OSS. Muito bom, recomendo a leitura.

[]s

Alexandre

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http://www.newsforge.com/article.pl?sid=04/07/22/201217
(....)
Here's a summary of what I recommend:

   1. Don't be too paranoid about the patent problem. It's a real
      problem, but not a catastrophe. Any patent owner that tries to
      assert its patents against open source software has many hurdles
      to leap before the royalty checks start to arrive.
   2. Don't try to out-invent the big guys. The open source community
      can't possibly compete in the patent generating business. But we
      can continue to document our own "prior art" to prevent others
      from patenting things they weren't the first to invent.
   3. Conduct a reasonably diligent search for patents we might
      infringe. At least search the portfolios of our major competitors.
      (This, by the way, is also a great way to make sure we're aware of
      important technology advances by our competitors.) Maintain a
      commercially reasonable balance between doing nothing about
      patents and being obsessed with reviewing every one of them.
   4. Design around patented technology wherever possible. The longer
      our lead time the easier this is to do, so do # 3 early in the
      design and development process.
   5. Identify allies who can defend us with their patent shields. We
      have important friends whose patent portfolios might be
      cross-licensed under terms that provide additional protection for
      certain open source products.
   6. Withhold our software from those who sue us for patent
      infringement. Choose open source licenses that implement a strong
      defensive termination provision. Support royalty-free patent
      policies by industry standards organizations, and adopt only
      royalty-free standards.

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